Lingo, individually and in his capacity as trustee, and Ms. She also requested a judgment for compensatory and punitive damages be entered against Mr. Lingo, with the proceeds distributed to the beneficiaries in accordance with the Trust Agreement. Roberts asked the court to order a public auction of all of the real estate purchased by the Mr. Lingo’s wrongful conduct and requested that they be ordered to return the proceeds of such unjust enrichment to the Trust. Lingo that alleged trustee self-dealing by Mr.
Roberts filed a cross-complaint against Mr. Lingo be ordered to provide an accounting of the Trust’s assets. Henderson prior to his death and requested that Mr. Lingo, as trustee, breached a farm lease agreement Mr. In addition to the breach of fiduciary duty claim, Mr. Lingo to reimburse the Trust for any bargain received on the purchase of the portion of real estate he had an option to purchase and that the sale of the remainder of the real estate to Mr. Lingo financed the entire amount with money borrowed from the Trust payable over a twenty year term with no down payment. Lingo, in his capacity as trustee, sold all of the real estate from the Trust to himself and his wife for $1,743,850, a price well below its recent appraisal value of $2,240,600. Lingo the option to purchase a certain portion of the real estate for “appraised value.” He alleged, however, that Mr. Diggs acknowledged that the Trust Agreement gave Mr. Specifically, the complaint challenged the sale of certain real estate consisting of a residence and several tracts of farm land from the Trust to Mr. Lingo breached his fiduciary duty to the Trust by engaging in trustee self-dealing. Lingo, individually and as trustee of the Trust, and his wife, Denise Lingo. Diggs filed a complaint in Henry County Chancery Court against Mr. Lingo to act as the Trust’s sole trustee following Mr. In addition to being a named beneficiary, the Trust Agreement designated Mr. The Trust Agreement provided that its assets be distributed to three individual beneficiaries–Ernest Diggs, David Lingo, and Barbara Roberts–and four charitable beneficiaries at Mr. Henderson amended the Trust Agreement eight times prior to his death. B ACKGROUND AND P ROCEDURAL H ISTORY On December 5, 1996, Leon Henderson executed and funded the Leon Henderson Revocable Living Trust Agreement (referred to hereinafter as the “Trust” or “Trust Agreement”). Lee, Assistant Attorney General, for the appellee, Tennessee Attorney General. Cooper, Jr., Attorney General and Reporter, Joseph F. George Robert Whitfield, III, Paris, Tennessee, for the appellee, Barbara Roberts. Steve Greer, Paris, Tennessee, for the appellee, George Ernest Diggs. Siroky, Jackson, Tennessee, for the appellants, David Lingo and Denise Lingo. S TEVEN S TAFFORD, P.J., W.S., and A RNOLD B. G IBSON, J., delivered the opinion of the Court, in which J. 3 Appeal as of Right Judgment of the Chancery Court Affirmed B RANDON O.
#LINGO STEVE TRIAL#
We affirm the decision of the trial court. The court found that the trustee’s wife was a necessary party to the resolution of the dispute, but because she was not a party to the trust agreement, there was no enforceable arbitration agreement between her and the beneficiaries. The trial court agreed and denied the motion. The beneficiaries opposed the motion, arguing that they could not be compelled to arbitrate their claims against the trustee’s wife. The trustee filed a motion to compel arbitration pursuant to an arbitration clause in the trust agreement. The beneficiaries sought to set aside a portion of the sale. The beneficiaries of a trust filed this lawsuit against the trustee alleging trustee self-dealing arising from a transaction in which the trustee and his wife purchased certain real property from the trust as tenants by the entirety. W2014-00525-COA-R3-CV - Filed DecemThis is an appeal from an order denying a motion to compel arbitration. Direct Appeal from the Chancery Court for Henry County No. IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON NovemSession GEORGE ERNEST DIGGS v.
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